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VP Sara ready to face ICC charges only before a Filipino court
Vice President Sara Duterte expressed her readiness to confront any allegations against her but insisted that she would only do so in front of a Filipino judge and within the jurisdiction of a Filipino court. In a statement on her Facebook page, she emphasized her refusal to participate in any process that could tarnish the reputation and integrity of the Philippine judiciary system. Duterte adamantly opposed the involvement of foreign entities in the country's legal affairs, citing it as a dishonor to the sacrifices made by Filipino heroes for the nation's freedom. Duterte, who previously served as vice mayor and mayor of Davao City, vehemently denied any involvement in the Davao Death Squad during her terms in office. She expressed dismay over the sudden appearance of a witness against her in the International Criminal Court (ICC) after assuming the vice presidency. Duterte dismissed the accusations and questioned the motives behind the allegations, asserting her capability to accomplish tasks without resorting to unlawful means. In a related development, President Ferdinand Marcos Jr. voiced his refusal to acknowledge the ICC's jurisdiction in the Philippines, considering it a threat to the country's sovereignty. He issued a directive for all government agencies to refrain from cooperating with the ICC, emphasizing the nation's non-recognition of the court's authority. Former senator Antonio Trillanes IV claimed that ICC investigators had gathered substantial evidence against former President Rodrigo Duterte regarding his administration's war on drugs. He anticipated an imminent issuance of an arrest warrant against the former president. Former President Rodrigo Duterte condemned the ICC's decision to initiate a preliminary investigation into the war on drugs, labeling it an insult to the Philippines and challenging the court's jurisdiction within the country. During his presidency, he initiated the withdrawal of the Philippines' membership from the Rome Statute, the treaty that established the ICC. The ICC appeals chamber recently granted a request to resume the investigation into alleged crimes against humanity related to the Philippines' controversial drug campaign, spanning from November 2011 to March 2019. The developments surrounding the ICC's probe into the Philippines' internal affairs have sparked a contentious debate, with key political figures and rights groups expressing divergent views on the matter. The ongoing tensions between the Philippines and the ICC underscore the complex intersection of international law, national sovereignty, and human rights issues......»»
CHED directs SUCs to stop offering SHS program
Commission on Higher Education chairman J. Prospero de Vera III has directed all state universities and colleges to stop offering the senior high school program starting next school year (SY 2024-2025), saying that there is no longer any legal basis to fund it......»»
Napoles seeks dismissal of plunder raps
Detained businesswoman Janet Lim-Napoles has asked the Sandiganbayan to dismiss the plunder case against her in connection with her alleged role in the misuse of the Priority Development Assistance Fund or “pork barrel” of former senator and incumbent Presidential Legal Counsel Juan Ponce Enrile......»»
SC asked: Declare Sara’s secret funds unconstitutional
Legal experts and former government officials yesterday filed a petition asking the Supreme Court to declare as unconstitutional the 2022 transfer of P125 million to the Office of the Vice President, which is under Sara Duterte, as a confidential fund......»»
DMW has spent P414M on distressed OFWs
The Department of Migrant Workers said on Thursday that they have spent about P414 million of its P1.2 billion action fund this year to assist distressed Overseas Filipino Workers. According to DMW Officer-in-Charge Hans Leo Cacdac, the agency still has a balance of P780 million. “We still have a balance of around P780 million. We have a catchup plan that we are doing for the last two months of the year, most of these funds will be rolled over to the year 2024 anyway,” Cacdac said in a hearing of the House Committee on Overseas Workers Affairs. Cacdac added that the action fund is for legal, medical, or humanitarian assistance. “That three-fold assistance model was assigned by no less than our dear secretary, Secretary Toots Ople because what is stated in the law is legal or other forms of assistance. But Secretary Toots pointed out the other forms of assistance are legal, medical, or humanitarian,” Cacdac added. Cacdac stated that the action fund has benefitted 5,325 Filipinos this year, including those affected by various challenges in Turkey and the Middle East. “This includes the earthquake in Turkey, those affected by the conflict in Sudan, the case of a large fire and building collapse in the UAE, Dubai, and Qatar, and recently, of course, what our OFWs are suffering from the conflict in Israel and Lebanon is also included here,” he added. The OIC added that Filipinos living in war-torn areas tend to get more out of the fund. He said that about 700 OFWs families in Israel have availed of helpline assistance. “At first, we provided P20,000 in financial assistance upon return, but Secretary Toots increased it to P30,000… There is a special case for those who were caught in a conflict or war situation like Sudan. But here in Israel, we handed P50,000,” he said. The post DMW has spent P414M on distressed OFWs appeared first on Daily Tribune......»»
Rep. Castro will sue former president Duterte for grave threats
Former president Rodrigo Duterte will be sued for grave threat raps by ACT Teachers Partylist Rep. France Castro, whom he threatened to kill over issues of confidential funds requested by his daughter, Vice President Sara Duterte. Castro said the criminal complaint is scheduled to be filed tomorrow morning before the Quezon City Regional Trial Court with some National Union of Peoples Lawyer members, former Philippine Bar Association head Rico Domingo, and lawyer Antonio La Viña, who volunteered to handle the case. "This is a crime against a person. Former president Duterte's threats should stop," she said in an interview on Monday. The progressive lawmaker has been on the receiving end of Duterte's tirades following the crusade of the Makabayan bloc to strip the VP of multi-million confidential funds from the proposed 2024 budget. VP Duterte sought P500 million and P150 million in confidential funds for OVP and the Department of Education, respectively. The militant group waged a successful battle against the VP's secret funds as the House leadership concurred with their proposal of formally removing it and rather channeled it to agencies in charge of monitoring and protecting the country's national security and territorial rights in the West Philippine Sea. The VP, who claimed her secret funds will be used to promote peace and order, previously accused critics of having "insidious motivations." The OVP and DepEd, which the VP concurrently heads, were among the three civilian agencies, namely the Department of Agriculture, the Department of Foreign Affairs, and the Department of Information And Communications Technology, awarded zero confidential funds for next year. The former president said Castro would have been the "first target" of his daughter's intelligence fund. "It's time for the Dutertes to stop doing this, especially former president Rodrigo Duterte. He admitted he kills. So, it has to be stopped because it has no place in this society," Castro said. According to Castro, she only did her duties as a lawmaker of scrutinizing the budget, particularly the confidential funds, and the Dutertes should not interpret it as a personal affront. House leaders previously said they would not tolerate Duterte's threats and intimidation of any members of the lower chamber. Moreover, they would back Castro's move to file legal action. The House is also geared up to provide Castro additional security following a death threat from Duterte, according to House secretary general Reginald Velasco. The post Rep. Castro will sue former president Duterte for grave threats appeared first on Daily Tribune......»»
More explosive revelations from Francis M’s friend
Just when you thought things were winding down on the Francis M revelations when a certain Abegail Rait revealed they had a 15-year-old daughter, Robby Taroza (not to be confused with Robin Da Rosa) spilled even more tea on that end. Taroza was a model and actor in the 90s but now includes creative director and producer in his resume. In a Facebook post, Taroza claimed that Pia and Francis were not married. People who lived through this era likely know this already as it was well-known that Pia had a son and a daughter prior to her relationship with Francis Magalona. Taroza also said the couple had already separated before Francis got into a relationship with Rait. Taroza also detailed Pia and Francis’ fights and described their relationship as “destructive and dysfunctional”. He also urged the public not to judge Francis, Abegail and their lovechild. These are the purported screenshots from Tarroza's FB Account: The post More explosive revelations from Francis M’s friend appeared first on Daily Tribune......»»
IRR suspension: Delicate balance
Malacañang’s announcement of the suspension of implementing rules and regulations of the Maharlika Investment Fund on 18 October, ten days short to two months after its release, was no surprise to many. Critics of the sovereign wealth fund recently raised concerns about its legality by filing a legal challenge with the Supreme Court. They argued that the fund needed to be properly established in accordance with constitutional requirements. The petitioners said the economic viability assessment mandated by the Constitution was not fulfilled, and the creation of the MIF, under Republic Act 11954 or Maharlika Investment Fund Act of 2023 signed on 18 July, infringed upon the central bank’s independence. The President was surprised, not by the IRR suspension, but by how alarming news reports were interpreting the suspension order “somehow as a judgment of the rightness or wrongness of the Maharlika Fund.” When the IRR of a law is suspended, the guidelines and procedures necessary to put the law into effect are temporarily halted or are still being finalized. For all intents and purposes, the IRR provides specific details on how the law should be implemented, including the processes, requirements, and timelines involved. To say that more improvements could be made, specifically to the MIF’s organizational structure to make it a better organization, is deemed a sugar-coated narrative rather than owning up to the flaws or imperfections. If an IRR is suspended, it could indeed affect the law’s implementation. Without clear guidelines and procedures, government agencies and individuals may face uncertainties or difficulties in complying with the law’s requirements. This could lead to delays or a lack of implementation, and hinder the intended objectives of the law. The suspension of the IRR, which offers an opportunity to identify and rectify such unintended outcomes, is a temporary measure and does not necessarily mean the law is invalidated. It may be a temporary setback for various reasons, such as legal challenges, revisions, or policy changes. Once the IRR issues are resolved, the law’s implementation can proceed with clarity to facilitate its smooth execution. Within the realm of governance and legislation, a delicate balance exists between effective enforcement and essential flexibility. The recent suspension memorandum signed by Executive Secretary Lucas Bersamin exemplifies such circumstances — an afterthought that the IRR warrants a critical evaluation. Laws, like the Maharlika Investment Fund Act, are designed to address specific issues, but the world is dynamic and constantly evolving. What may have been effective at the time of enactment, though just a little more than a year ago, may need to be made more suitable and adequate in the face of changing realities. Suspending IRRs acknowledges the need for flexibility, allowing for a reassessment of the law’s applicability in the present context, and ensuring that the legislation remains relevant and adaptive to the challenges of an ever-changing society. On to the end of 2023 — a timeline set by the President for the MIF to be operational, the thorough study of the IRR must engage relevant stakeholders, including government agencies, legal experts and affected parties, to gather diverse perspectives and ensure an inclusive decision-making process. Only by involving those directly impacted by the law can the suspension’s objective be tailored to address their concerns, leading to a more equitable and effective legal framework for the controversial MIF, devoid of self-serving interests. The post IRR suspension: Delicate balance appeared first on Daily Tribune......»»
Eumir Marcial gears up for Olympics by returning to pro ranks
The first Filipino boxer to qualify for the Paris Games, Eumir Marcial says he plans to resume his professional career in the United States and take part in one or two fights.....»»
Tens of millions of children uprooted by climate disasters — UNICEF
Weather disasters fueled by climate change -- from floods to droughts, storms to wildfires -- sparked 43.1 million child displacements from 2016 to 2021, the UN Children's Fund warned Thursday, slamming the lack of attention paid to victims. In a sweeping report on the issue, the United Nations agency detailed the heart-wrenching stories of some of the children affected, and co-author Laura Healy told AFP the data only revealed the "tip of the iceberg," with many more likely affected. "We moved our belongings to the highway, where we lived for weeks," recounts Sudanese child Khalid Abdul Azim, whose flooded village was only accessible by boat. In 2017, sisters Mia and Maia Bravo watched flames engulf their trailer in California from the back of the family minivan. "I was afraid, in shock," Maia says in the report. "I would stay up all night." Statistics on internal displacements caused by climate disasters generally do not account for the age of the victims. However, UNICEF worked with the non-governmental Internal Displacement Monitoring Center to unpick the data and reveal the hidden toll on children. From 2016 to 2021, four types of climate disasters (floods, storms, droughts, and wildfires) -- the frequency of which has increased due to global warming -- led to 43.1 million child displacements in 44 countries, the report says. Ninety-five percent of those displacements were caused by floods and storms. "It's the equivalent of about 20,000 child displacements every day," Healy told AFP, underscoring how the children affected are then at risk of suffering other traumas, such as being separated from their parents or falling victim to child traffickers. The data reflect the number of displacements and not the number of children affected, as the same child could be uprooted more than once. The figures do not allow for a distinction between those evacuated before a weather event, and those forced to leave in the wake of a disaster. And, according to Healy, the number of displacements due to drought is "radically underreported," because they are less sudden and thus more difficult to quantify. "This is just the tip of the iceberg based on the available data that we have," she said. "The reality is with the impacts of climate change, or better tracking of displacement when it comes to slow onset events, that the number of children who are uprooted from their homes is going to be much greater." 'Far too slowly' The UNICEF report offers some partial predictions, for specific events. Floods linked to overflowing rivers could spark 96 million child displacements in the next 30 years, while cyclonic winds could force 10.3 million displacements, it says. Storm surges could lead to 7.2 million displacements. None of those estimates include preventive evacuations. "For those who are forced to flee, the fear and impact can be especially devastating, with worry of whether they will return home, resume school, or be forced to move again," UNICEF Executive Director Catherine Russell said in a statement. "Moving may have saved their lives, but it's also very disruptive," Russell said. "As the impacts of climate change escalate, so too will climate-driven movement. We have the tools and knowledge to respond to this escalating challenge for children, but we are acting far too slowly." UNICEF called on world leaders to take up the issue at the COP28 climate summit in Dubai in November and December. Healy says children, including those already forced to move, must be prepared "to live in a climate change world." Even if the intensifying effects of climate change are affecting wide swathes of the planet, the UNICEF report shines the light on particularly vulnerable countries. China, India, and the Philippines are the countries with the largest number of displacements (nearly 23 million in six years) because of their huge populations and geographic locations -- but also because of their preventive evacuation plans. But in proportional terms, Africa and small island nations are most at risk -- in Dominica, 76 percent of all children were displaced from 2016 to 2021. For Cuba and Saint-Martin, that figure was more than 30 percent. The post Tens of millions of children uprooted by climate disasters — UNICEF appeared first on Daily Tribune......»»
How secret are CIFs?
Confidential and intelligence funds have been the buzzword since the budget season started in late August. It snowballed after Vice President Sara Z. Duterte was pressed to explain how the Office of the Vice President spent the P125-million Confidential and Intelligence Fund (transferred from the Office of the President contingent fund). As it became a highly debated topic — legislators like Senator Risa Hontiveros and Makabayan bloc members in the Lower House sought disclosure on the use of confidential funds to the public. Close to wrapping up the budget deliberations last week, the OVP and the Department of Education may lose their CIF requests in the 2024 budget as several solons agreed to realign them to the security operations of agencies that need them most. In a nutshell, arguments were in favor of transparency and against it. The decision will ultimately depend on the specific circumstances and the policies in practice. CIFs typically refer to discretionary funds allocated for specific purposes within an organization or government agency. Usually intended for confidential or sensitive activities requiring secrecy or discretion, the purpose of secret funds varies widely depending on the organization. Still, some common examples include intelligence gathering, covert operations, paying confidential informants, and other clandestine activities. Regarding national security, using CIFs may be related to sensitive national security matters. Disclosing details about these activities could compromise ongoing operations or endanger the individuals involved. Former National Security Advisor Hermogenes Esperon Jr.’s explanation of where CIFs are used is clear enough. CIFs are not exclusive to the Armed Forces of the Philippines and the Philippine National Police. Civilian agencies also use them for counter-intelligence — protection of personal documents and communications; and intelligence operations — use of human intelligence, technical intelligence, and other ways of collecting information. The CIFs, the former AFP chief said, are significant in maintaining the people’s allegiance to the government and safeguarding against potential espionage and threats from within the state. Equally appalling as the laxity of some government agencies in recruiting people who are supposed to be fit for the job, whose loyalty is to the people and not to overthrow the government, is the recruitment of young students and out-of-school youth to the communist cause. It, therefore, coheres that teachers’ loyalty to the Department of Education and their commitment to enhancing learning capabilities and development of the youth should be beyond doubt. Who needs teachers who lead in recruiting young minds to be radicalized? Imposing a mandatory disclosure on the use of CIFs is synonymous with informing enemies of the state of the government’s plans against them, which could potentially impede the efficacy of specific operations. It pays to understand that some security endeavors necessitate a certain degree of secrecy to accomplish goals. As long as the allocation, management, and purposes of CIFs are subject to specific laws, regulations, and internal policies, there should be no fear of misuse, corruption, or unethical behavior by those entrusted with managing the funds. The last time we checked, the dictionary had not made revisions to the definition of confidential. It still is an adjective that means “intended to be kept secret or restricted to the use of a particular person, group, or class.” The post How secret are CIFs? appeared first on Daily Tribune......»»
Topacio: ‘President Arroyo has done no wrongdoing during her term’
The camp of Pampanga Rep. Gloria Macapagal-Arroyo deemed "baseless" the graft and malversation raps filed against the former president before the Ombudsman last week, accusing her of abuse of discretion over the disbursement of P38.807 billion in Malamapya funds during her presidency. Arroyo's legal counsel, Ferdinand Topacio, said that while they have yet to receive the copy of the complaint-- and learned about it through the news-- they have no doubt that the accusations will be disproven. "Suffice it to state that based on newspaper reports, the complainant admits that the funds concerned were used for public purposes," the lawyer said. "In accordance with settled legal principles, Pres. Arroyo has done no wrongdoing during her term, and we are confident that these charges will be proven false, in the same manner, that other accusations made before them have been shown to be baseless," he said. Topacio was referring to a 34-page complaint filed by National Association of Electricity Consumers for Reforms or NASECORE president Petronilo "Pete" Ilagan and Boses ng Konsyumer Alliance Inc. president Rogelio Reyes, suing Arroyo of 96 counts each of graft and malversation. The complainants cited irregularities in the utilization of Malampaya funds during Arroyo's incumbency, specifically the realigning of the revenues to finance government projects for which the funds were not intended. Arroyo was the Philippine president from 2001 to 2010. Ilagan and Reyes accused Arroyo of taking advantage of her post in allowing the use of P38.807 billion of Malampaya funds for purposes other than the avowed intention of Presidential Decree 910 and as highlighted by a 2017 special audit on the fund by the Commission on Audit. PD 910, signed in 1976, mandates that the profits from Malampaya remitted to the government should be used to finance energy resource development and exploration activities. However, it also stipulates that Malampaya earnings can also be used for "other purposes as directed by the President," which the complainants argued was abused by Arroyo. "Respondent Gloria Macapagal-Arroyo whimsically took the opportunity of the said law's inadequacy and deliberately twisted the interpretation of the said provision to mean that she, as President, had the discretion to use the Malampaya Fund for whatever purpose she deemed fit," the complainants said. Ilagan and Reyes heavily emphasized Arroyo's command to direct the Malampaya funds to agricultural and irrigation programs, disaster rehabilitation, transport projects, national security activities, and cash assistance to the transport sector under the Pantawid Pasada Program, which they claimed was entirely unrelated to energy development. "In short, the Malampaya fund became a discretionary fund of the Office of the President, and disbursements therefrom became subject of whims and caprice of the respondent without regard to the purpose and policy of Presidential Decree No. 910," the complainants said of Arroyo. In the meantime, Topacio expressed their intention to defer it to the justice system and thereafter present a counterargument against the charges in due time. Arroyo and three of her Cabinet secretaries were previously sued for plunder by the National Bureau of Investigation before the Ombudsman for purportedly stealing a P900-million Malampaya fund intended for the impoverished back-to-back typhoon victims in 2009. She was cleared of the charges in 2016 following then-Ombudsman Conchita Carpio Morales' verdict that the NBI "failed to prove" that they colluded in the illegal diversion of Malampaya fund. The post Topacio: ‘President Arroyo has done no wrongdoing during her term’ appeared first on Daily Tribune......»»
Budgetary leverage
By passing a financing bill at the last minute, the United States Congress avoided a federal government shutdown this week. However, the Biden administration’s top priorities, including defense financing for Ukraine, were left out of the final package. For countries like the Philippines, which has cozied up anew to Uncle Sam, this is cause for concern because America has practically left Ukraine high and dry without the full backing it needs to defend itself against Russia. Okay, so Biden said they “will not walk out of Ukraine.” Still, without funding, that’s just lip service. Having perfected the art of emotional suasion at one end of the pole and brinkmanship on the other, we would not be surprised if Ukraine President Volodymyr Zelensky would tell Biden: “Show us the money.” Sacrificing Ukraine casts doubt on America’s dependability as a coalition partner and ally, even as it stakes a claim to a long tradition of backing democracies in their fight for independence. The Philippines should take note. In the US, it’s clear that whatever the executive branch pledges, the US Congress can always override or, as made apparent again now, starve of funding. That’s the power of holding the purse string that could certainly affect America the mighty’s projection of power. From propping up South Vietnam with billions of dollars in war materiel only to leave Saigon in a huff — with choppers flying off the rooftop of the US Embassy in a hasty, humiliating retreat in 1975 — to giving substantial aid to Israel and Middle Eastern countries, the US has not stopped its posturing as the “policeman of the world.” As in Vietnam and Afghanistan, where in the latter it also abruptly pulled out its forces, thereby allowing the Taliban to retake the country in 2021, the US, for all its fire-and-brimstone statements at the start of the Ukraine-Russia war, may have turned its back on its legal and moral responsibility to aid Kyiv. As an adversarial state under madman Vladimir Putin, Russia has been destabilizing international norms, and Ukraine, by fighting back, has been sending the strong message that autocratic governments cannot make the globe their playground. By not including money for Ukraine’s defense in the 2024 spending bill, the US has lost the chance to demonstrate its dedication to the defense of democracy. But such are the vagaries of the budgeting process in the United States and, of course, the Philippines, with the latter’s form of government and jurisprudence loosely patterned after America’s. In the US, government shutdowns have happened before and will happen again when the legislature and the executive branches are unable to reach an agreement on priorities and lawmakers do not enact a budget in a timely manner. The budget can also be wielded as a political baton with which to make the executive branch more malleable. An example would be the 2013 shutdown in an attempt to defund the Affordable Care Act. Frequent disagreements on spending priorities between the two parties in the US Congress have led to stalemates, with neither side willing to pass the budget unless their demands were met. Budget delays had caused negative effects on the economy and public services. Some may argue that past shutdowns of the US federal government would show the Philippines has a more mature budgetary system in place, as a failure to pass the budget for a new fiscal year only results in a reenacted budget. But the problems associated with a reenacted budget abound. There’s the delayed implementation of new programs and projects. This, as a reenacted budget only allows for the funding of existing programs and projects. A reenacted budget also limits government flexibility to respond to changing needs. For example, if the economy experiences a downturn, the government may need to increase spending on social programs or infrastructure projects. However, this is not possible under a reenacted budget. But probably the biggest risk associated with a reenacted budget would be corruption, as it can give the executive branch more leeway or elbow room to fund projects while reallocating “savings” from projects that had been funded previously. In the shadow of budgetary bludgeoning and political brinkmanship, the recent passage of the US funding bill left Ukraine’s defense hanging by a thread, a stark reminder of the capriciousness of budgeting processes in both the United States and the Philippines, where legislative complexities often take precedence over strategic imperatives. The budget’s power to shape policy and dictate priorities, as seen in the Philippines with past reenacted budgets, illustrates the pitfalls of wielding fiscal levers as political weapons. In both nations, the budgeting process, while designed to reflect the will of the people, is susceptible to political posturing, causing disruptions and imperiling the very ideals of democracy it should be upholding. The post Budgetary leverage appeared first on Daily Tribune......»»
Sara Duterte’s P2.7B confidential expenses as Davao mayor should be probed—Castro
Davao City’s confidential expenses that ballooned to P2.697 billion during Vice President Sara Duterte’s stint as mayor should be probed by the Commission on Audit, a lawmaker said Monday. The call for investigation was prompted by the 2022 report of the CoA, which found that Davao City spent P2.697 billion on confidential expenses between 2016 to 2022, or an average of PP385.3 million per year over the preceding six years. Duterte served as the Davao City mayor from 2016 to 2022 before she assumed the VP post in July of last year. Based on CoA findings, Davao City incurred P144 million of confidential expenses in 2016, which was more than doubled to P293 million in 2017 and further climbed to P420 million in 2018. The city’s confidential fund expenses further grew to P460 million in 2019 and were maintained consistently for the subsequent years of 2020, 2021, and 2022. In an interview on Monday, ACT Teachers Partylist Rep. France Castro, who sought the CoA probe, stressed that the P2.697 billion totality of confidential expenses of Davao City in the previous six years “could have been utilized more effectively to benefit the education sector, specifically by providing much-needed support to teachers.” “We were shocked also [by] the report of the CoA. With this controversy of confidential funds, we are thinking of asking the CoA to investigate,” she said. “The CoA should file an audit observation memo and then ask them to explain maybe the misuse of funds and then file necessary legal action.” She added, “Imagine more than a million a day spent for the confidential funds in a city. I just wonder how it was spent and where it was spent. So, we want the CoA to review if the city government of Davao City led by Vice President Sara Duterte by then really followed the guidelines or the joint circular 2015-01.” The said joint circular outlined by CoA with the Departments of Budget and Management, National Defense, and of the Interior and Local Government, and Governance Commission for GOCCs, contains guidelines on the entitlement, release, use, reporting, and audit of confidential and intelligence funds that are in the General Appropriations Act. Daily Tribune has been asking for Duterte’s comment, but she remained mum on the issue. While Castro admitted that the local government units are entitled to confidential funds for peace and order maintenance, it was “ironic” that Duterte sought allocation of such funds given that she claimed Davao City was “very peaceful, disciplined, and well” during her tenure. "So why is it necessary to have an increasingly confidential fund?" the lawmaker stressed, noting such a fund should be used for other fruitful endeavors. "I remember the time the teachers of Davao City were asking for city allowance, but she did not grant it. Instead, she refused and even got mad with ACT (Alliance of Concerned Teachers) during that time," Castro pointed out. While none in the law limits the amount of confidential funds, the militant lawmaker pointed out that it should be rationalized. A proposed law aimed at imposing a cap and limit on confidential funds, streamlining the allocation of such that would promote transparency and accountability, is currently being crafted, according to Castro. It will be filed in Congress when the session resumes in November. The post Sara Duterte’s P2.7B confidential expenses as Davao mayor should be probed—Castro appeared first on Daily Tribune......»»
Governor’s fight vs EDCA
Despite political pressure, Cagayan Governor Manuel Mamba continues to oppose the Enhanced Defense Cooperative Agreement or EDCA sites in his province. Since April this year, he has been announcing publicly his opposition. Mamba also urged Cagayanos to make a united stand and voice their opposition following the announcement by the Presidential Communications Office that EDCA sites were to be established at Naval Base Camilo Osias in Santa Ana and the Lal-lo Airport in the province. I had a chance to meet Mamba last 25 August, and he said he is against any form of neo-colonialism, which is perhaps why he is not in favor of having American military personnel, facilities, and structures in the country, particularly in his province. During the occasion, he was also commended by a retired Philippine National Police general. I suppose we are aware that Governor Mamba is under heavy political oppression due to his opposition to PH-US military relations and new EDCA sites. To Cagayanos, Governor Mamba is undoubtedly the national hero of the new century because his courage and determination are worthy of admiration. Observers said his opposition to the military ties with the US and the new EDCA sites had alienated him from President Ferdinand Romualdez Marcos Jr., to whom he was once close. In early May, in reaction to Governor Mamba’s opposition to the new EDCA sites, House Speaker Martin Romualdez reiterated that the President’s determination to strengthen cooperation with the US with new EDCA sites was “unshakable.” There were rumors the Speaker asked the Governor to keep quiet on the matter. To Governor Mamba’s supporters, this was a severe warning and a humiliation from the President and the US. On 9 February this year, US embassy personnel met with an assistant of Cagayan Vice Governor Melvin Vargas, named Agatep, mainly to get an update on Governor Mamba’s alleged “irregular vote buying” in the last election. During the meeting, dissatisfaction was expressed with the Governor’s public opposition to the new EDCA sites in Cagayan. Well, should the vote-buying case push through, what could we expect? Should Governor Mamba’s election be overturned, Vice Governor Vargas, who supports the PH-US alliance, would be the likely successor. A friend from the north told me that Katrina Enrile, like her father Juan Ponce Enrile, the Presidential Chief Legal Adviser, is pro-EDCA. To eliminate the local opposition to EDCA, Katrina Enrile allied with Governor Mamba’s political rivals — Vice Governor Vargas and the Lara family. Vice Governor Vargas met with Katrina Enrile on 19 April and stated that he had garnered the support of a majority of the provincial officials regarding the establishment of the two EDCA sites in Cagayan. The new EDCA sites were the President’s decision, and they should not speculate on this. Katrina Enrile’s efforts paid off, as the President appointed her Administrator and Chief Executive Officer of CEZA, the office that manages the Cagayan Special Economic Zone. Interestingly, the Cagayan Special Economic Zone Act of 1995 was proposed and drafted by Juan Ponce Enrile. On 7 April, representatives of the US government met with Mayor Florant Pascual of Lal-lo and president of the League of Municipalities of the Philippines-Cagayan Chapter. During the meeting, the American government promised to carry out energy projects through USAID and provide local assistance in exchange for Pascual’s support of the new EDCA sites. On 20 April, Pascual and 18 other mayors publicly announced their support for the new EDCA sites in Cagayan. Soon after, on 15 June, USAID representatives visited the Philippines and announced a $65-million fund for Cagayan and Isabela to support local energy planning and introduce renewable energy technologies, such as solar roofs. The US embassy said the communities near the new EDCA sites in Santa Ana and Lal-lo would also benefit from the grant. The post Governor’s fight vs EDCA appeared first on Daily Tribune......»»
MIF Law nullification: Remote or certain?
In recent months, the Maharlika Investment Fund Law has stirred considerable controversy and debate in the Philippines. Enacted to promote economic development and address pressing issues in the country, this law has faced legal challenges and criticism from various quarters. The question that looms large is whether the Supreme Court will likely nullify this law. The Maharlika Investment Fund Law, also known as Republic Act 11954, was passed by the Philippine Congress and signed into law by the President on 18 July 2023. Its primary objective is establishing a government-managed investment fund to promote economic development, infrastructure projects, and poverty alleviation. The law outlines the creation of the Maharlika Investment Fund, or MIF, and its funding sources, including contributions from government agencies, public enterprises, and certain revenue streams. The MIF Law faced legal challenges from various individuals, groups, and organizations almost immediately after its enactment. Critics have argued that the law violates the Constitution on several grounds, including the separation of powers, the fiscal autonomy of local government units, and the due process clause. Let’s examine these legal arguments in more detail. Critics contend that the law violates the principle of separation of powers by allowing the executive branch to control and manage the funds allocated under the MIF. They argue that the legislature should have greater oversight and control over the allocation and disbursement of public funds. As the Constitution guarantees, local government units or LGUs in the Philippines enjoy fiscal autonomy. Opponents argue that the MIF law encroaches upon this autonomy by diverting funds that could otherwise be allocated to LGUs for their own development projects. Some critics also claim that the law’s provisions lack clarity and transparency, potentially leading to the arbitrary and unfair allocation of funds. They argue that this lack of due process could result in mismanagement and corruption. The Supreme Court’s decision on whether or not to nullify the Maharlika Investment Fund Law will depend on several factors, including legal arguments, political considerations, and the interpretation of the Constitution. The Court will carefully consider the legal arguments presented by both sides. It will assess whether the law indeed violates constitutional principles such as the separation of powers and fiscal autonomy. The strength and persuasiveness of these arguments will be pivotal. It may also examine previous decisions and legal precedents to guide its decision-making process. If there are past cases that bear similarities to the issues raised in the MIF law, these could influence the Court’s stance. While the Court is an independent institution, it operates within a political context. Public opinion and the perception of the law’s impact on society may indirectly influence the Court’s decision, as judges may be mindful of the broader implications of their ruling. The Supreme Court’s interpretation of the Constitution will play a central role. Justices may have differing views on interpreting constitutional provisions, which could lead to a split decision. Offhand, what are the chances then of the MIF Law being nullified? If the legal challenges successfully demonstrate that the law indeed violates fundamental constitutional principles, such as the separation of powers or the fiscal autonomy of LGUs, then the chances of nullification increase. However, if the Court finds that the law is consistent with the Constitution, it will likely be upheld. The political climate and public sentiment may also be influential factors. If there is widespread public support for the law and the government’s efforts to promote economic development, the Court may consider that when rendering its decision. Conversely, if there is strong opposition and concerns about the law’s impact on governance and fiscal management, the Court may be more inclined to scrutinize it closely. The prospects, therefore, of the Supreme Court nullifying the MIF Law are uncertain and will depend on a range of legal, political, and constitutional factors. Therefore, it is essential to remember that the Court’s decision should be based on thoroughly examining the law’s compliance with the Philippine Constitution, rather than political or public pressure. Ultimately, the judiciary’s role is to uphold the rule of law and protect the constitutionality of legislation, ensuring that justice prevails in the Philippines. The post MIF Law nullification: Remote or certain? appeared first on Daily Tribune......»»
IBP pays tribute to slain lawyer
The Integrated Bar of the Philippines on Tuesday paid tribute to slain lawyer Atty. Ma. Saniata Liwliwa Gonzales-Alzate and called for task force to investigate the killings of lawyers in the country. This comes as the group strongly condemned her killing and called on authorities to do more to safeguard the country’s abogados. The IBP said it is in solidarity with the legal community and Alzate’s family. “The IBP honors her memory as an esteemed public interest lawyer and a dedicated Commissioner of the Integrated Bar,” it said. The IBP Committee on Bar Discipline posted a “Tribute to Ling” where it remembered her as a staunch human rights defender, one who was “fiery in her passion, brave, and cavalier in the pursuit of justice for the oppressed.” It said she was dedicated to fighting for the marginalized and disadvantaged, advocating for those who could not speak up for themselves as she upheld the principles of fairness and integrity and inspired others to fight for justice. The IBP also said that the legacy of the lady lawyer would continue to live on in the lives she touched and the changes she wrought. “Her fearlessness in the face of adversity serves as a reminder to us all to never back down in the pursuit of what is right, ensuring that her impact will be felt for generations to come,” it said. The IBP committee also remembered the other lawyers who were killed and left a void in the community. Their fate underscores the risks and dangers that some members of the legal profession face. The post IBP pays tribute to slain lawyer appeared first on Daily Tribune......»»
Sandiganbayan convicts late Teves’ co-accused
The Sandiganbayan convicted three ex-officials of the now defunct Technology and Livelihood Resource Center and two others over P9.6 million worth of ghost projects funneled through the pork barrel of the late Negros Oriental lawmaker Herminio Teves in 2007. The anti-graft court’s Third Division found ex-TLRC deputy director general Dennis Cunanan, ex-chief accountant Marivic Jover, ex-legislative liaison office officer-in-charge Belina Concepcion, Teves’s then chief-of-staff Hiram Pulido and Molugan Foundation Inc. president Samuel Bombeo guilty of one count each of graft and malversation. They were sentenced to up to 28 years in prison and perpetually disqualified from holding public office. They were also ordered to pay back the P9.6 million, with interest of 6 percent per annum. TLRC’s erstwhile department manager, Francisco Figura, meanwhile, was acquitted of the same charges. The Sandigabayan also dismissed the case against the principal accused, Teves, owing to his passing. Filed by the Ombudsman in 2017, the graft and malversation charge arose from the disbursement of Teves’s P9.6-million Priority Development Assistance Fund or PDAF to Molugan Foundation Inc., a non-governmental organization controlled by Bombeo. The Ombudsman said Teves “unilaterally chose” MFI as the implementor of his livelihood program drawn from his P10-million pork barrel that was originally intended for the depressed barangays and constituents in his district. State prosecutors proved that the PDAF was used for ghost or non-existent projects. Of the total, P9.6 million went to MFI, while P400,000 went to TLRC as a service fee. MFI did not have the capacity to implement the project as it was incorporated only in 2007, the year it was tasked to implement the PDAF project, the Ombudsman told the court. The respondents were accused of causing undue injury to the government by giving unwarranted benefits and advantages to MFI. “There is no doubt that the acts of Concepcion, Cunanan, Jover, Pulido and Bombeo caused undue injury to the government in the amount of P9,600,000 which to date remains unaccounted for,” the Sandiganbayan said in its 68-page ruling. The court also ruled that the respondents’ act of extending unwarranted benefits to a private party “without the proper accreditation” and the “lack of legal basis,” considering it was not one of the implementing agencies identified in the 2007 General Appropriations Act, were in violation of CoA Circular No. 96-003. “The totality of the facts and circumstances demonstrates that the accused, through manifest partiality, gross inexcusable negligence and/or evident bad faith, committed the offense of violation of Section 3(e) of RA No. 3019, causing undue injury to the government and giving unwarranted benefits to Bombeo and MFI,” the court said. The post Sandiganbayan convicts late Teves’ co-accused appeared first on Daily Tribune......»»
Sandiganbayan convicts 3 TLRC ex-officials, 2 others over P9.6M PDAF scam
The Sandiganbayan convicted three ex-officials of the now-defunct Technology and Livelihood Resource Center and two others over their involvement in the P9.6 million worth of ghost projects funneled through the pork barrel fund of the late Negros Oriental lawmaker Herminio Teves in 2007. The anti-graft court’s Third Division handed down a 68-page decision, which found ex-TLRC deputy director general Dennis Cunanan, ex-TLRC chief accountant Marivic Jover, ex-TLRC legislative liaison office officer-in-charge Belina Concepcion, Teves’ then-chief-staff Hiram Pulido and Molugan Foundation Inc. president Samuel Bombeo, guilty of one count each of graft and malversation. They were sentenced to up to 28 years in prison and perpetually disqualified from holding public office. They were also ordered to pay the P9.6 million, or the amount malversated with a legal interest of 6 percent per annum. TLRC’s erstwhile department manager Francisco Figura, meanwhile, was acquitted of the same charges. The Sandigabayan also dismissed the case against the principal accused Teves owing to his passing. Filed by the Ombudsman in 2017, the graft and malversation charge arose from the disbursement of Teves’ P9.6 million Priority Development Assistance Fund or PDAF to Molugan Foundation Inc., a non-governmental organization controlled by Bombeo. The Ombudsman said Teves “unilaterally chose” MFI as an implementor of his livelihood program drawn from his P10-million pork barrel that was originally intended for the depressed barangays and constituents in his district. However, state prosecutors probe later revealed that the pork barrel funds were instead used to fund projects that turned out to be a ghost. Of the total, P9.6 million went to the MFI while P400,000 went to TLRC as a service fee. The Ombudsman also found that the MFI did not have the capacity to implement the project as it was incorporated only in 2007, the year it was tasked to implement the PDAF project. Thus, the respondents were accused of causing undue injury to the government by giving unwarranted benefits and advantages to the MFI. In convicting the accused, the Sandiganbayan said, “There is no doubt that the acts of Concepcion, Cunanan, Jover, Pulido, and Bombeo caused undue injury to the government in the amount of P9,600,000.00, which to date, remains unaccounted for.” The court also ruled that their acts of extending unwarranted benefits to a private party “without the proper accreditation” and the “lack of legal basis” considering it was not one of the implementing agencies identified in the 2007 General Appropriations Act were in violation of COA Circular No. 96-003. “The totality of the facts and circumstances demonstrates that the said accused, through manifest partiality, gross inexcusable negligence and/or evident bad faith, committed the offense of violation of Section 3(e) of R.A. No. 3019, causing undue injury to the government and giving unwarranted benefits to Bombeo and MFI,” the court said. The post Sandiganbayan convicts 3 TLRC ex-officials, 2 others over P9.6M PDAF scam appeared first on Daily Tribune......»»
Hog farmers receive huge boost
The Department of Agriculture in Central Visayas on Friday announced that it has granted P120-million financial assistance to a group of pork producers. DA-7 regional director Angel Enriquez said that the funds are intended to repopulate swine breeder stocks in the region, stressing the importance of Central Visayas as the second largest producer of hogs in the country. Enriquez led the turnover of assistance to Rolando Tambago, the president of the Pork Producers Federation of the Philippines at the DA-7 compound in Mandaue City. Tambago, on the other hand, expressed his gratitude to DA-7 for the cash grant as he disclosed that 12 farms under the Central Visayas Pork Producers Cooperative will be benefited. “This fund has the potential to produce 5,300 pigs per month, which means we can add 63,000 pigs to our inventory every year,” Tambago said. “Imagine if this is implemented in every province in every region, this will solve the shortage problem.” The African swine fever was first detected in Carcar City in southern Cebu on 1 March and was again detected in 12 more local government units in Cebu province. This resulted in neighboring provinces banning the importation of hogs, pork meat and pork by products from Cebu. The ban forced Cebu Governor Gwendolyn Garcia to pursue legal measures against the Bureau of Animal Industry culling and color-coding policy. The cash grant came from the DA’s Integrated National Swine Production Initiatives for Recovery and Expansion, a recovery and repopulation program for the hog sector affected by the ASF. DA’s National Livestock Program is spearheading INSPIRE in collaboration with livestock attached agencies, DA regional offices, local government units, and other stakeholders such as farmers’ cooperatives and association. The post Hog farmers receive huge boost appeared first on Daily Tribune......»»